DOS-ITN-23.24-026-Original Solicitation.pdf

INVITATION TO NEGOTIATE

Solicitation Acknowledgement Form

Page 1 of 53 pages

SUBMIT REPLY TO:

Department of State R.A. Gray Building 500 South Bronough Street, Room 428 Tallahassee, Florida 32399-2150

AGENCY RELEASE DATE:

September 28, 2023

SOLICITATION TITLE: SOLICITATION NO:

Museum of Florida History Master Plan

DOS-ITN-23/24-026

REPLIES WILL BE

OPENED:

November 2, 2023 at 3:00 P.M. (Eastern Time)

Eastern StandardTime and may not be withdrawn within:

Days after such date and time.

I certify that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this response and certify that I am authorized to sign this reply for the Respondent and that the Respondent is in compliance with all requirements of the Request for Reply, including but not limited to, certification requirements. In submitting a response to an agency for the State of Florida, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Respondent.

RESPONDENT NAME:

RESPONDENT MAILING ADDRESS:

CITY – STATE – ZIP: *Authorized Representative’s Signature

PHONE NUMBER:

TOLL FREE

NUMBER:

*Name and Title of Authorized Representative

FAX NUMBER:

EMAIL ADDRESS: *This individual must have the authority to bind the

Respondent.

FEID NO.:

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

TABLE OF CONTENTS

SECTION 1 – INTRODUCTORY MATERIALS

1.1 PURPOSE………………………….……………………………………………………………….……5

1.2 DEFINITIONS………………………………………………………………………………

1.3 CONTRACT TERM…………………………………………………………………………………

1.4 SPECIAL ACCOMMODATIONS…………………………………………………………

1.5 PROCUREMENT OFFICER…………………………………………………………….……………..6

SECTION 2 – SOLICITATION PROCESS

2.1 GENERAL OVERVIEW……………………………………………………………………….………..7

2.2 PRE-RELY CONFERENCE CALL (OPTIONAL)……………..……………………………….……..7

2.3 PRE-RELY SITE VISIT (MANDATORY)……………………………………………………………..7

2.4 QUESTIONS AND ANSWERS……………………………………………………………….…….….7

2.5 TIMELINE OF EVENTS AND ADDENDUM TOSOLICITATION…………………………..……….8

2.6 SUBMISSION OF RESPONSES………………………………………………………………………9

2.7 PUBLIC RESPONSE OPENING………………………………………….…………………………...9

2.8 EVALUATION PHASE ……………………………………………………………….……………….10

2.9 NEGOTIATION PHASE………………………………………………………………………….……10

2.10 NEGOTIATION TEAM……………………………………………...………………………….……...10

2.11 NEGOTIATIONS……………………………………………………………………………...………..10

2.12 NEGOTIATION LOCATION AND ATTENDANCE…………………………………………………11

2.13 REVISED RESPONSES AND BEST AND FINAL OFFERS……..………………………………11

2.14 OTHER DEPARTMENT RIGHTS DURING NEGOTIATIONS…………………………………….11

2.15 SELECTION CRITERIA……………1…………………………………………………………………12

2.16 ITN ADDENDA/AMENDMENT TO THE ITN……………………………………………………..…12

2.17 CONTRACT……………………………………..……………………………………………………..13

2.18 CONTRACT FORMATION………………………………………………….………………………..13

2.19 DISCLOSURE OF REPLY CONTENTS…………………………………………………………….13

2.20 CLARIFICATION PROCESS…………………………………………………………………………13

2.21 DIVERSITY……………………………………………………………………………………………..13

SECTION 3 – SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 GENERAL INSTRUCTIONS……………………………………………………………………….…14

3.2 VERBAL INSTRUCTIONS………………………………………………………………………..…..14

3.3 ALERNATE REPLIES……………………………………………………………………………...….14

3.4 BUSINESS REGISTRATION REQUIREMENT………………………………………………...…..14

3.5 MYFLORIDAMARKETPLACE REGISTRATION………………………………………….….…

3.6 FLORIDA SUBSTITUTE FORM W-9 PROCESS………………………………….…………..…...15

3.7 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM………………………….………15

3.8 OFFICE OF SUPPLIER DIVERSITY……………………………………………………….………..15

3.9 LICENSES, PERMITS, OTHER CHARGES……………………………………………...…….…..16

3.10 EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)…………………………………….…16

3.11 SUBCONTRACTING………………………………………………………………………….……….16

3.12 COPYRIGHTED MATERIAL…………………………………………………………….……………16

3.13 VENDOR’S DUTIES TO ASSERT EXEMPTION FROM DISCLOSURE

AS A PUBLIC RECORD…………………………………………………………………………….…16

3.14 CONFLICT OF INTEREST AND DISCLOSURE………………………………………….………..17

3.15 CONFIDENTIAL INFORMATION PROVIDED BY THE DEPARTMENT………………………..18

SECTION 4 – REPLY CONTENT

4.1 SPECIAL INSTRUCTIONS FOR THE PREPARATION OF REPLIES…………….…………….19

4.2 SECTION ONE– ADMINISTRATIVE QUALIFICATION DOCUMENTS……………….………...19

4.3 SECTION TWO - TECHNICAL REPLY REPLY…………………………………………………….19

4.4 SECTION THREE – PRICE RESPONSE……………………………………………….…………..20

SECTION 5 – REPLY SUBMITTAL REQUIREMENTS

5.1 MANDATORY RESPONSIVENESS REQUIREMENTS……………………………………...…...22

5.2 HOW TO SUBMIT A REPLY………………………………………………………………………….22

5.3 DELIVERY OF REPLY………………………………………………………………………………...23

5.4 REPLY OPENING……………………………………………………………………………………...24

5.5 REPLY ADMINISTRATIVE REVIEW……………………………………………………

SECTION 6 – SELECTION METHODOLOGY

6.1 REPLY EVALUATION………………………………………………………………………………

6.2 EVALUATION CRITERIA………………………………………………………………….………….27

6.3 IDENTICAL SCORING OF REPLIES………………………………………………………………..30

6.4 BASIS OF AWARD…………………………………………………………………………………….30

6.5 POSTING OF NOTICE OF AGENCY DECISION…………………………………………………...31

Attachments:

Attachment A – Sample Contract

Attachment B – Statement of Work/Technical Specifications

Attachment C – Price Response

Forms:

Form 1 – Mandatory Responsiveness Requirements

Form 2 – Contact Information Form 3 – Past Performance and Experience

Form 4 – Subcontracting

Form 5 – Drug Free Workplace Certification

Form 6 – Conflict of Interest Disclosure

Form 7 – Non-Collusion Affidavit Form 8 – Statement of No Involvement

Form 9 – Security Acknowledgement

DOS-RFP-23/24-026

Things to Keep in Mind When Responding to a Solicitation

1. Read the entire document. Note critical items such as: mandatory requirements; sample(s) required; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2. Note the Procurement Officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the Solicitation and is an excellent source of information for any questions you may have.

3. Attend the Pre-Reply conference. (If applicable)

4. Take advantage of the “question and answer” period. Submit your questions to the Procurement Officer by the due date listed in the Solicitation Timeline and view the answers given in the formal “addenda” issued for the Solicitation. All addenda issued for a Solicitation are posted on the MFMF Vendor Information Portal (VIP) website (https://vendor.myfloridamarketplace.com/) and will include all questions asked and answered concerning the Solicitation.

5. Follow the format required in the Solicitation when preparing your Reply. Provide point-by-point response to the required sections in a clear and concise manner.

6. Provide complete answers/descriptions. Read and answer all questions and requirements.

Don’t assume the Department or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the Department. The Replies are evaluated based solely on the information and materials provided in the Reply.

7. Check the VIP website for Solicitation addenda. Before submitting your Reply, check the VIP website to see whether any addenda were issued for the Solicitation. Some addenda require that you sign and return them with the Reply.

8. Review and read the Solicitation document again to make sure that you have addressed all requirements. Your original Reply and the requested copies must be identical and be complete. The copies are provided to the evaluator/evaluation committee members and will be used to score your Reply.

9. Submit your Reply on time. Note all the dates and times listed in the Solicitation Timeline and within the document, and be sure to submit all required items on time. Faxed, emailed or late Replies may not be considered.

https://vendor.myfloridamarketplace.com/

SECTION 1 – INTRODUCTORY MATERIALS

1.1 Purpose

The Museum of Florida History is Florida’s official state history museum located in

Tallahassee, Florida. In order to inspire and attract visitors into the future, the Division of

Historical Resources is requesting to work with an outside, yet to be determined, vendor to create a Museum Master Plan, consisting of several components, that will illustrate a reimagined and more interactive Museum gallery, lobby, and other spaces that will be designated for education programs, retail, or other visitor services.

The submitted Response must comply with all of the terms and conditions described in this

ITN.

The minimum requirements are contained herein in Attachment A – Statement of Work.

Respondents are responsible for thoroughly reviewing the specifications of this

Solicitation.

1.2 Definitions

The following terms used in this ITN, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1. Certified Minority Business Enterprise: A business which has been certified by the Florida Department of Management Services, Office of Supplier Diversity, in accordance with Section 287.0943 (2)(e), Florida Statutes and Chapter 60A-9, Florida Administrative Code.

2. Contract: The agreement entered into between the Department and the successful Respondent after completion of the Request for Reply process.

3. Deliverable: A tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

4. Department: The Florida Department of State. (DOS)

5. Division: Division of Historical Resources (DHR)

6. FY: The State of Florida’s Fiscal Year, July 1 through June 30.

7. Mediation: Staff involvement in the requesting process.

8. Reply: All information and materials submitted by a Respondent in response to this

ITN.

9. Respondent: A vendor that has submitted a bid, Reply, or reply that conforms in all material respects to the solicitation.

10. Vendor Information Portal (VIP): The system which allows all state agencies to advertise solicitations and exceptional purchases on MyFlorida.com. It also permits registered vendors to receive automatic email notification of solicitation advertisements, addendums to solicitation, and exceptional purchases.

1.3 Contract Term

The resulting Contract is effective the date of execution and ends on June 30, 2024 unless cancelled earlier in accordance with the terms of the contract. The resulting Contract may not be renewed.

1.4 Special Accommodations

Any person with a qualified disability requiring special accommodations due to a disability should contact the Procurement Officer at 850.245.6590 at least five (5) business days prior to the event. If you are hearing or speech impaired, please contact the Florida Relay Services which can be reached at 800.955.8771 (TDD).

1.5 Procurement Officer

The Procurement Officer is the sole point of contact as described in PUR 1001, Section 21.

Stephanie Walton, Procurement Officer

Florida Department of State, Division of Administrative Services, Purchasing Office

500 S. Bronough Street, Suite 428

Tallahassee, Florida 32399-0250

Phone: 850-245-6595 Email: Purchasing@dos.myflorida.com

***PLACE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF ALL EMAILS

TO THE PROCUREMENT OFFICER. ***

END OF SECTION 1

SECTION 2 – SOLICITATION PROCESS

2.1 General Overview

The ITN is a method of competitively soliciting a commodity or contractual service under chapter 287, F.S. The ITN process involves three (3) phases: Solicitation, Evaluation, and Negotiation.

2.2 Pre-Reply Conference Call (OPTIONAL)

A pre-reply conference call will be held on the date and time specified in the 2.5 Timeline of Events. The purpose of the pre-reply conference call is to discuss the contents of this

RFP and to accept verbal questions from Respondents concerning the project. The

Department staff will make a reasonable effort to answer verbal questions asked at the pre-reply conference call; however, Respondents should clearly understand that verbal discussions held at the pre-reply conference call shall not be binding on the Department.

The Department will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions and Answers clause below.

2.3 Pre-Reply Site Visit (MANDATORY)

A MANDATORY pre-reply site visit will be held for this solicitation is scheduled from 10:00 a.m. and 12 noon eastern time (ET) as specified in Section 2.5 Timeline of Events. The purpose of the pre-reply site visit is to discuss contents of the ITN and to accept questions from respondents concerning the project. Respondents must attend one of the three days scheduled for the pre-reply site visit and sign in as a requirement of the reply responsiveness and attendance. Failure to attend the mandatory pre-reply site visit from the time it is called to order and to the time it is adjourned, shall disqualify a potential Respondent. All

Respondents intending to submit a reply must sign the sign-in sheet before departing each site. Replies will only be accepted from those respondents attending the pre-reply site visit.

The purpose of the Mandatory pre-reply site visit is for the prospective respondents to become familiar with the site conditions which may have an influence on the reply or the equipment, material, labor and services required. The Department of State will make a reasonable effort to answer verbal questions asked at the pre-reply site visit; however, respondents should clearly understand that verbal discussions held at the pre-reply site visits shall not be binding on the Department. Please reference Section 2.4 Questions of the State of Florida PUR 1001(10/06) General Instruction to Vendors” for additional information related to oral discussions with State employees. Procurement Officer can provide the Respondent a note card to write any questions during the site visit that the Respondent would like to have included in the Questions and Answers as indicated Section 2.4

2.4 Questions and Answers

Respondents may submit written questions or requests for clarification regarding the terms, conditions, and requirements of the ITN and its attachments, and any processes described in those documents, to the Procurement Officer by email by the deadline listed in Section

2.5, Timeline of Events and Addendum to Solicitation. The Department will address all inquiries submitted by the deadline. If the Department makes changes based on questions received, the Department will issue an addendum to the ITN that reflects the changes made.

Questions do not constitute a formal protest of the specifications or of the solicitation.

Responses to all written inquiries, and clarifications or addenda to the ITN, will be made through the VIP.

Each submission should have the ITN number in the subject line of the email. Questions should be submitted in the following format to be considered:

Question # ITN Section ITN Page # Question

2.5 Timeline of Events and Addendum to Solicitation

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. The Department reserves the right to adjust the schedule and will notify participants in the solicitation by posting an addendum on the VIP. It is the Respondent’s responsibility to check for any changes on the VIP. All changes to the Timeline of Events will be made through an addendum to the solicitation.

Respondents are responsible for submitting all required documentation by the dates and times (Eastern Time) specified below. The Department reserves the right to modify this solicitation by issuing an addendum posted on the VIP. It is the responsibility of the

Respondent to check VIP for any changes.

DATE TIME ACTION LOCATION

September 28, 2023

N/A

Release of Solicitation

Electronically Posted:

https://vendor.myfloridamarketplace.c om/

October 4, 2023

10:00 a.m.

ET

Pre-Conference Call

(OPTIONAL)

Telephone: 1-888-585-9008 and enter code 666-567-017# when directed

October 9, 2023 through October 11, 10:00 a.m. -

12 noon each day

Site Visit

(MANDATORY)

(Respondents must attend one of the three days scheduled for the mandatory pre-reply site visit.)

Museum of Florida History

Florida Department of State

500 S. Bronough Street

Tallahassee, Florida 32399

October 13, 2023

5:00 P.M. ET

Deadline for Receipt of

Vendor Written Questions

Division of Administrative Services

Purchasing@dos.myflorida.com

October 23, 2023

Anticipated Date for

Department’s Response to Vendor Written

Questions

Electronically Posted:

mailto:Purchasing@dos.myflorida.com

November 2, 2023

2:00 P.M. ET

Deadline for Receipt of

Vendor Replies

500 S. Bronough Street, Suite 428

Tallahassee, Florida 32399

November 2, 2023

3:00 P.M. ET

Opening of Replies

– Conference Call

Telephone: 1-888-585-9008 and enter code 666-567-017# when directed

November 3, 2023, -

November 9, 2023

Evaluations Commence

Internal Only

November 27, 2023-December 8, Presentations/

Negotiations

(Final dates and times to be communicated to

Respondent(s) selected for negotiations.

Note: Negotiations are not opened to the public, but recorded.

Internal Only

December 15, 2023

TBD

Negotiation Team

Public Meeting

Best Value

Recommendation

(This is meeting is open for public attendance via telephone)

500 S. Bronough Street, Suite 428

Tallahassee, Florida 32399 or telephone

1-888-585-9008 and enter code 666-

567-017 #

December 26, 2023

Anticipated Notice of

Intent to Award

Electronically Posted

2.6 Submission of Responses

Respondents must submit Responses by the deadline listed in Section 2.1, Solicitation

Timeline.

2.7 Public Response Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in Section 2.5, Timeline of Events and Addendum to Solicitation. The Procurement

Officer will review the entire Response to ensure that all required volumes were timely submitted. Prices will not be read aloud at the Response opening. The public opening will be conducted on the time and date specified in Section 2.5, Timeline of Events and

Addendum to Solicitation, and public can attend via conference call by using the information below.

Conference Call Number: 1-888-585-9008 Room Number: 666-567-017.

After the public opening, the name(s) of all Respondents submitting Replies shall be made available to interested parties upon request to the Procurement Officer.

2.8 Evaluation Phase

A. Responsiveness Determination

All Responses will be reviewed by the Procurement Officer to determine whether

Responses submitted are complete and whether the Responses meet the minimum mandatory criteria listed in Section 3.4, Responsiveness Requirements. Complete

Responses that meet the minimum mandatory criteria will be sent to the evaluation team for its review. The vendor is required to

B. Technical Response

All Responses determined to be responsive will be evaluated by the evaluation team according to the evaluation criteria set forth in Section 4 of this ITN and Attachment

D, Evaluator Score Sheet. The points awarded for Pricing will be computed by the

Procurement Officer. The Department may then select one or more Respondents within the Competitive Range with which to commence negotiations (concurrently or sequentially), or may reject all Responses.

2.9 Negotiation Phase

Pursuant to Section 287.057, F.S., the Department will establish a negotiation team to conduct the negotiations and make an award recommendation after determining which Respondent presents the best value to the State of Florida. The Department will then post its Notice of Intent to Award on the VIP.

A. Vendor(s) Selected for Negotiations Negotiations are designed to determine which Respondent and Response will provide the greatest overall benefits (i.e., Best Value) to the State. To comply with the legislative intent of Chapter 287, Florida Statutes, to increase competition and award contracts equitably and economically, DOS may use each Respondent’s Total Response Scores to rank and identify the competitive range in the scoring of all Replies. The Department may select one or more vendors within the competitive range with which to commence negotiations. The order in which negotiations with the Respondent(s) commence will be determined according to the best interest of DOS. DOS reserves the right to negotiate with one, more, or none of the Respondent(s), regardless of the order in which the Respondent is ranked or negotiations commence. Should DOS be unable to negotiate a satisfactory Contract with any of the Respondent(s), negotiations may continue with additional or all other Respondents, if any, submitting responsive Replies. Negotiations may continue until an agreement is reached or all Replies are rejected.

2.10 Negotiation Team

The Department’s negotiation team will consist of at least five (5) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program areas and services requirements for which commodities or contractual services are sought. The Department reserves the right to invite subject matter experts to participate in the negotiation phase.

2.11 Negotiations

The selected Respondents may be invited to provide more detailed clarifications of their

Responses, to provide interactive presentations/demonstrations of the Responses, and to enter into negotiations with the Department. Any information that the Respondent provides during negotiations constitutes an Interim Revised Response (IRR) and becomes part of the

Respondent’s Response. Failure to provide requested information may result in rejection of the Response.

Negotiations will not be open to the public, but will be recorded. Based on the clarifications, presentations, and negotiations, the Department will either award the Contract to the

Respondent who provides the best value for the State or reject all Responses. The

Department may at any time during the negotiations eliminate a Respondent from further consideration or stop negotiations with a Respondent. Additionally, the Department reserves the right to conclude negotiations at any time and proceed to Contract award.

The Department may, in compliance with applicable law, contract with other Respondents to provide the same or similar services. Negotiations may include discussions of the terms, conditions, costs, statement of work, and related services to be provided by the Respondent.

The negotiation team will not engage in scoring, but will arrive at its recommendation by discussion during a public meeting. Respondents may be provided an opportunity to recommend enhanced value alternatives and provide information and options during negotiations.

The Department reserves the right to negotiate different terms and related price adjustments if the Department determines that such changes would provide the best value to the State.

The negotiation team may address each proposed alternative during negotiations but is under no obligation to accept a proposed alternative. If the negotiation team determines that a proposed alternative is not acceptable and the Respondent fails to provide another alternative that is acceptable to the negotiation team, the Respondent may be eliminated from further consideration or the negotiation team may stop negotiations with that Respondent.

2.12 Negotiation Location and Attendance

The Department will schedule virtual negotiation sessions and distribute instructions and/or agendas in advance of each negotiation session. The negotiation sessions will be conducted electronically. The Project Manager and key representatives for each Respondent (including a representative authorized to agree to Contract terms on behalf of the Respondent and Key

Personnel relevant to the topic being discussed) must plan to be available, without interruptions, for the entirety of the Respondent’s scheduled negotiation session(s). The

Department reserves the right to require attendance at negotiation sessions by particular representatives of the Respondent.

2.13 Revised Responses and Best and Final Offers

During the Negotiation Phase, the Department may request clarification and revisions to

Responses (including BAFOs and revised BAFOs) until it is satisfied that it has achieved the best value to the State.

2.14 Other Department Rights During Negotiations

The Department reserves the right at any time during the negotiation process to:

A. Schedule additional negotiation sessions with any or all responsive Respondents.

B. Require any or all responsive Respondents to provide additional, revised or final written responses addressing specific topics, including modifications to the solicitation specifications, terms or conditions, or business references.

C. Require any or all responsive Respondents to provide a written BAFO.

D. Require any or all responsive Respondents to address services, prices, or conditions offered by any other Respondent.

E. Pursue a contract with one or more responsive Respondents for the services encompassed by this solicitation, including any addendums thereto and any request for additional, revised or final written responses or request for best and final offers.

F. Pursue the division of contracts between responsive Respondents by type of service or geographic area, or both.

G. Arrive at an agreement with any responsive Respondent, finalize principal contract terms and conditions with such Respondent and terminate negotiations with any or all other responsive Respondents, regardless of the status of or scheduled negotiations with such other Respondents.

H. Decline to conduct further negotiations with any Respondent.

I. Re-open negotiations with any responsive Respondent.

J. Take any additional, administrative steps deemed necessary in determining the final award, including additional fact-finding, evaluation or negotiation where necessary and consistent with the terms of this solicitation.

K. Review and rely on relevant information contained in the Replies.

L. Obtain and check references to assess the extent of success of the past projects.

M. Obtain and check Respondent’s financial information, including but not limited to certified financial statements.

N. DOS also reserves the right to contact references not provided by the Respondent.

O. Consider and or request any and all pricing options or models. This information may be used in negotiations to determine the best pricing solution to be used in the Contract.

P. Include subject matter experts or other interested persons in negotiations with vendors, vendor presentations, and meetings at which negotiation strategies are discussed.

2.15 Selection Criteria

The following award selection criteria shall apply for this ITN:

A. The Respondent’s articulation, innovation, and demonstrated ability of the proposed solution to meet

B. the Department’s Solution goals and the requirements of this ITN;

C. Experience and skills of the Respondent’s proposed staff relative to the proposed solution;

D. The Respondent’s pricing and overall cost to the State; and E. Respondent’s ability to accomplish the goals of the ITN as described in Section 1.3 of the ITN.

F. Responsiveness may be assessed at any point in the selection process.

G. The Department will consider the total cost of the Contract, including renewal years, as submitted by the Respondent.

2.16 ITN Addenda/Amendments to the ITN

The Department reserves the right to modify this ITN by issuing addenda and/or amendments. All changes to the ITN will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP.

2.17 Contract

This purchase shall be accomplished by issuance of a two-party Contract. Payments will be issued based on the contract in the Florida Accountability Contract Tracking System

(FACTS).

2.18 Contract Formation

The Department may issue a Notice of Intent to Award to the successful Respondent.

However, no Contract shall be formed between a Respondent and the Department until the

Department signs the Contract. The Department shall not be liable for any work performed before the Contract is effective. The Department intends to enter in a Contract with a

Respondent pursuant to 6.4 Basis of Award section of this solicitation. No additional documents submitted by a Respondent will be incorporated in the Contract unless it is specifically identified, incorporated by reference, and approved by the Department. If a n y a d d i t i o n a l documents are submitted by the Respondent, the additional documents will not be considered for the Basis of Award.

2.19 Disclosure of Reply Contents

All documentation supplied to the Department as part of a Reply becomes the exclusive property of the Department and will not be returned to the Respondent unless withdrawn prior to the deadline to submit Replies in accordance with the modification or withdrawal of Reply requirements in Section 5.5, Reply Administrative Review. Selection or rejection of a Reply shall not affect this right. The State of Florida shall have the right to use all ideas, or adaptations of ideas, contained in any Reply received in response to this ITN. Selection or rejection of a Reply shall not affect this right.

2.20 Clarification Process

The Department may request clarification from the Respondent for resolving ambiguities or questioning information presented in its Reply. Clarifications may be requested throughout the solicitation process. The Respondent’s answer to requested clarifications must be in writing and must address only the information requested. The Respondent’s answer to requested clarifications must be submitted to the Department within the time specified by the Department in the request.

2.21 Diversity

The Department is dedicated to fostering the continued development and economic growth of minority-, veteran-, and woman-owned small businesses. Participation of a diverse group of Respondents doing business with the State is central to the Department’s effort. To this end, minority-, veteran-, and woman-owned small business enterprises are encouraged to participate in the State’s procurement process as both prime contractors and subcontractors.

END OF SECTION 2

SECTION 3 – SPECIAL INSTRUCTIONS TO RESPONDENTS

3.1 General Instructions

The General Instructions to Respondents is the PUR 1001, 2006 version, which is incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Inst ructions_to_Respondents.pdf

Section 3 and 5 of PUR 1001 are inapplicable and are replaced as follows:

Section 3. Electronic Submission of Response

Responses shall be submitted in accordance with Section 5.2, How to Submit a

Reply, of this solicitation.

Section 5. Question

Questions shall be submitted in accordance with Section 2.4, Questions and Answers of this solicitation.

3.2 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Respondent as a result of any discussions with any State employee. Only those communications that are in writing from the Department’s Procurement Officer identified in Section 1.5, Special Accommodations of this ITN shall be considered a duly authorized expression on behalf of the Department. Only written, signed communications from Respondents will be recognized by the Department as duly authorized expressions on behalf of the Vendor.

3.3 Alternate Replies

Alternate replies and exceptions to this solicitation are not permitted. If the Respondent has any issue with the requirements or terms and conditions of this solicitation, such issues shall be presented to the Department and addressed by the Department during the ques t i on an d ans we r phas e o f t h e so l i c i t a t ion . Including a l t e rna t e rep l ies o r exceptions to this solicitation in any Reply may result in the Reply being deemed non-responsive to the solicitation.

3.4 Business Registration Requirement

Under the provisions of Title 36, Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of

Corporations prior to execution of a contract agreement. Contact the Division of

Corporations at 850.245.6900.

3.5 MyFloridaMarketPlace Registration

The awarded Respondent(s) must have completed the MyFloridaMarketPlace registration process prior to the issuance of a purchase order. For additional information, please visit:

ht t ps: / / ve ndor . m yf lor i dam ar k et p lac e. com

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

82151511 Technical Service for Art Gallery and Museum Exhibitions and Collections

82151512 Curatorial Service for Art Gallery and Museum Exhibitions and Collections

90151501 Museums

93141708 Museum Services

3.6 Florida Substitute Form W-9 Process

State of Florida vendors must register and complete an electronic Florida Substitutes

Form W-9. The Internal Revenue Service (IRS) receives and validates the information vendors provide on the Form W-9. For instructions on how to complete the Florida

Substitute Form W-9, please visit:

https://www.myfloridacfo.com/Division/AA/StateAgencies/documents/W-

9Instructions022212.pdf

3.7 Certification of Drug-Free Workplace Program

The State supports and encourages initiatives to keep the workplaces of Florida’s suppliers and vendors drug-free. Section 287.087, Florida Statutes, provides that, where identical tie replies are received, preference shall be given to a Reply received from a Respondent that certifies it has implemented a drug- free workforce program. If applicable, Respondent shall sign and submit Form 5 (Drug-Free Workplace Certificate) to certify that the

Respondent has a drug-free workplace program. The Vendor shall describe how it will address the implementation of a drug-free workplace in offering the items of Reply.

In the event that the Department receives identical Replies from two (2) or more responsive

Respondents with drug-free workplace programs, the final determination of the award shall be decided through the toss of a coin in a public meeting.

3.8 Office of Supplier Diversity

The Office of Supplier Diversity has standing to protest, pursuant to Section 287.09451, F.S., in a timely manner, any proposed contract award in competitive bidding for contractual services and construction contracts that fail to include minority business enterprise participation, if any responding respondent has demonstrated the ability to achieve any level of participation, or any contract award for commodities where, a reasonable and economical opportunity to reserve a contract statewide or district level, for minority participation was not executed or, an agency failed to adopt applicable preference for minority participation. Any low respondent with no participation may be deemed not in

“good faith.”

Office of Supplier Diversity

Florida Department Management Services

4050 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

Telephone: 850.487.0915

Fax: 850.922.6852

Email Address: osdhelp@dms.myflorida.com https://www.myfloridacfo.com/Division/AA/StateAgencies/documents/W-9Instructions022212.pdf https://www.myfloridacfo.com/Division/AA/StateAgencies/documents/W-9Instructions022212.pdf mailto:osdhelp@dms.myflorida.com

3.9 Licenses, Permits, Other Charges

The successful Respondent shall pay for any and all licenses, permits, other charges and taxes required for the Contract, and shall comply with all laws, ordinances or other requirements applicable to the work specified during the term of this Contract.

3.10 Employment Eligibility Verification (E-Verify)

Pursuant to State of Florida Executive Order No. 11-116, Vendor is required to utilize the

U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Vendor during the contract term.

Only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization may perform work on this contract. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use – and it’s the best way employers can ensure a legal workforce.

3.11 Subcontracting

The successful Respondent shall not subcontract, assign, or transfer any work identified under the resulting Contract without prior written consent of the Department. The awarded

Respondent will be the prime service provider and shall be responsible for all work performed and all Contract deliverables.

3.12 Copyrighted Material

Copyrighted material will be accepted as part of a technical Reply only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, and Florida

Statutes.

3.13 Vendor’s Duties to Assert Exemption from Disclosure as a Public Record

Any Reply content submitted to the Department which is asserted to be exempted by law from disclosure as a public record shall be clearly marked “exempt,” “confidential,” or “trade secret” (as applicable), with the statutory basis for such claim of exemption specifically identified in writing on each and every such page. Failure to segregate and so clearly identify any such content shall constitute a waiver of any claimed exemption as applied to the portion of the Reply or other document in which the content is set forth.

An entire page or paragraph in which such information appears should not be marked

“exempt”, “confidential” or “trade secret” unless the entire page or paragraph consists of such confidential information. Only the confidential portions(s) should be identified and marked. Respondents are to indicate where confidential information begins and ends.

Any claim of exemption from public disclosure is waived upon submission, unless addressed as set forth above. The Department will attempt to afford protection from disclosure of any trade secret as defined in Section 812.081(1)(c), Florida Statutes, or

Section 688.002, Florida Statutes, where identified as such in the Reply, to t h e extent permitted under Section 815.045, Florida Statutes, and Chapter 119, Florida Statutes.

Each Respondent acknowledges that the protection afforded by Section

815.045, Florida Statutes, is incomplete, and hereby agrees that no remedy for damages may arise from any disclosure by the Department.

It will be the responsibility of the Respondent to defend the confidentiality of its trade secrets through the judicial process.

The Department takes its responsibilities set forth in Section 119.07, Florida Statutes, and

Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or record submitted in response to this solicitation to be exempted by law from disclosure as a public record, the Respondent must also provide DOS with a separate Redacted Copy of its Reply, in hard copy and on a CD, DVD- ROM or USB flash drive, at the time of Reply submission.

This Redacted Copy should contain the Department’s solicitation name, number, and the name of the Respondent on the cover, and should be clearly titled “Redacted Copy.” The

Redacted Copy must be provided to the Department at the same time the Respondent submits its Reply and must only exclude or obliterate those exact portions which are exempted by law from public disclosure.

The Respondent shall protect, defend, and indemnify, save and hold harmless, the

Department from any and all claims, demands, liabilities and suits of any nature arising out of, because of, or due to failure of the Department to protect information redacted by the Respondent, and to further indemnify the Department for any other loss the

Department incurs due to any claim being made against the Department regarding portions of its Redacted Copy being confidential, proprietary, trade secret or otherwise not subject to disclosure.

If a Respondent fails to submit a Redacted Copy with its Reply as described herein, the

Department is authorized to produce the entire document(s), data or records submitted by the Respondent in answer to a public records request.

3.14 Conflict of Interest and Disclosure

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes.

Respondents must disclose with their Replies whether any officer, director, employee or agent is also an officer or an employee of the Department, the State of Florida, or any of its agencies. (Form 5 - Disclosure Statement Conflict of Interest Disclosure). All firms must disclose the name of any state officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Respondent's firm or any of its branches or affiliates. All Respondents must also disclose the name of any employee, agent, lobbyist, previous employee of the Department, or other person, who has received or will receive compensation of any kind, or who has registered or is required to register under

Section 112.3215, Florida Statutes, in seeking to influence the actions of the Department in connection with this procurement. The selected Respondent shall be required to provide written notification to the Department within five (5) working days of the discovery of any potential conflict of interest. The Department reserves the right to make an independent determination as to whether or not a conflict of interest exists.

3.15 Confidential Information Provided by the Department

The Department may deem it necessary, from time to time, to disclose or make available to the contractor Confidential Information. It shall then become the responsibility of the contractor to: 1.) limit the disclosure of any Confidential Information belonging to the Department to the contractor’s directors, officers, employees, agents or representatives (collectively herein referred to as "Representatives") who have a need to know such Confidential Information in connection with the current or contemplated business relationship between the parties to which this Agreement relates, and only for that purpose;

2.) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth herein this Agreement and require such Representatives to keep the Confidential Information confidential; 3.) shall keep all Confidential Information strictly confidential by way of exercising a reasonable degree of care, but not less than the degree of care that the Receiving Party would exercise in safeguarding their own confidential information; and 4.) not disclose any Confidential Information received to any third parties, unless otherwise provided for herein this Agreement.

END OF SECTION 3

SECTION 4 – REPLY CONTENT

Each Reply shall be prepared simply and economically, following the instructions contained herein.

Note: Fancy binding of replies, colored displays in replies, and promotional material are not desired. There is no intent to limit the content of the Reply and additional information deemed appropriate by the Respondent may be included. However, cluttering the Reply with irrelevant material makes the review more difficult.

All Replies and associated forms must be signed and dated in ink by a duly authorized representative of the Respondent. All Replies and related documents submitted in response to this ITN shall become the property of the State of Florida.

4.2 Special Instructions for the Preparation of Replies

The instructions for this solicitation have been designed to help insure that all Replies are reviewed and evaluated in a consistent manner, as well as to minimize costs and reply time. Any and all information submitted in variance with these instructions is subject to not being reviewed or evaluated. Replies are to be divided into three (3) sections:

• SECTION ONE: Administrative Qualification Documents

• SECTION TWO: Technical Response

• SECTION THREE: Price Reply

4.2 SECTION ONE – Administrative Qualification Documents

Tab 1 – Attachments, Forms and Certifications

Responses to this ITN should include the following original documents and certifications:

1. Acknowledgement Form (Page 1 of this ITN)

2. Form 1 – Mandatory Responsiveness Requirements

3. Form 2 – Contact Information

4. Form 4 – Subcontracting

5. Form 5 – Drug Free Workplace Certification

6. Form 6 – Conflict of Interest Disclosure

7. Form 7 – Non-Collusion Affidavit

8. Form 8 – Statement of No Involvement

9. Form 9 – Security Acknowledgement

10. Proof of Business Registration (must be provided prior to Contract execution- see

Section 5.1.6, Reply Submittal Requirements)

[Please note – Attachment C and Form 3 are required in separate Sections as detailed below]

4.3 SECTION TWO – Technical Response

Failure of the Respondent to provide any of the information required in this section of the

Reply may result in a score of zero for that c r i t e r i a of the evaluation or may result in the Reply being deemed non-responsive and rejected.

This section should be prepared by each Respondent utilizing 8.5” x 11” paper. All pages should be consecutively numbered.

Using the description of work outlined in Attachment B, Statement of Work/Technical

Specifications, Respondents should prepare their Replies in the order of the outlines below, with the sections tabbed for ease of identification and review.

Tab 1: Executive Summary

Each Respondent must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Reply. The Executive Summary must begin with company/division’s street address; and size of business, Certified Business Enterprises (CBEs) status, and a summary of the key points from the Respondent’s Reply.

Tab 2: Business experience

Describe your firm, types of projects you specialize in, and give the qualifications and experience of key project personnel.

Tab 3: Master Planning Projects Examples

Summarize at least two master planning projects for similar size museums that your firm completed in the past 10 years. One must be a history museum that displays original artifacts.

Tab 4: Floor Plans Examples

The Respondent shall provide three (3) examples of floor plans, elevation views, 3-D renderings or exhibit design documents that were completed for museum clients in the past 10 years.

Tab 5 Master Planning Process

Describe a previous master planning process that you went through with a previous museum client with a scope of work similar to this one. Include details such as how the collaborative process worked, budget, time frame, challenges and how your team overcame the challenges.

Tab 6 Client Reference Form

Each Respondent must complete and include Form 3, the Client Reference Form for three (3) customers to whom Respondent has provided commodities and/or contractual services of similar scope and size as those identified in the ITN in the past five (5) years. If the Respondent is a current or former Contractor to the Department, the Respondent may indicate this information on a separate document, however, this shall not count as one (1) of the three (3) required Client References.

4.4 SECTION THREE: – Price Response

Tab 1 - Attachment C - Price Response

Attachment C, Price Response, is proposed as a potential method for Respondents to use in submitting their Price Responses; however, Respondents may use other formats or concepts in proposing their Price Responses. Respondents are encouraged to offer creative pricing methods for the Department’s consideration.

The prices provided shall include the cost of all necessary activities to accomplish the services outlined in the ITN and the Replies hereto, including, but not limited to MFMP transaction fees; miscellaneous expenses; and the application of all multiples (i.e. overhead, fringe benefits, etc.), travel and incidental expenses. Failure by the Respondent to provide a price on Attachment C may result in the Reply being deemed non-responsive and therefore, the Reply may be rejected. Footnotes, notations and exceptions made to Attachment C may not be considered.

Respondents must not include any technical response information or alternative terms and conditions within the Price Response. Replies which include such information in the Price Response will be rejected as non-responsive.

END OF SECTION 4

SECTION 5 – REPLY SUBMITTAL REQUIREMENTS

5.1 Mandatory Responsiveness Requirements

The Department will not evaluate Replies from Respondents that do not meet the minimum requirements listed below. The Respondent’s Experience and Ability narrative and

Proposed Technical Response will be addressed during the evaluation phase and will not be evaluated for the determination of responsiveness.

Provide a signed Form 1 - Mandatory Responsiveness Requirements, and provide the required documentation requested in this subsection.

5.1.1 The Respondent must certify that the person submitting the Reply and its pricing is authorized to respond to this Reply on the Respondent’s behalf.

5.1.2 The Respondent must certify that the Respondent will accept the Contract terms and conditions as…